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Title 28 of the United States Code

Title 28 (Judiciary and Judicial Procedure), also called the Judicial Code, is the portion of the United States Code (federal statutory law) that governs the federal judicial system.

It is divided into six parts:

  • Part I: Organization of Courts
  • Part II: Department of Justice
  • Part III: Court Officers and Employees
  • Part IV: Jurisdiction and Venue
  • Part V: Procedure
  • Part VI: Particular Proceedings

Part I—Organization of Courts

The part establishes United States federal courts.

: Includes provisions setting the number of justices at 9 and defining a quorum as any 6, setting the terms of court, and determining salaries
: Includes provisions relating to the composition of Circuits, the creation, composition and terms of courts, and the selection and employment conditions of judges
: Describes for each state the layout of districts, divisions etc.; describes the creation and composition of courts and the selection and employment conditions of judges; provides for replacement of judges in cases of bias or prejudice

Part II—Department of Justice

The part establishes the United States Department of Justice.

Part III—Court Officers and Employees

Part IV—Jurisdiction and Venue

This part deals with jurisdiction and venue.

Section 1333, within Chapter 85, deals with the jurisdiction of the district courts. Admiralty or maritime jurisdiction falls to these courts but there is also a provision known as the "saving-to-suitors clause", which allows for "other remedies" such as a state court hearing.

Part V—Procedure

This part establishes criminal procedure and civil procedure for the federal courts. The Supreme Court, pursuant to the Rules Enabling Act and upon recommendations from the Judicial Conference of the United States, promulgates the more detailed Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure

Part VI—Particular Proceedings

References

External links